Big Rig Accident Lawyers Near Me

 

An accident with a big rig produces big-time consequences. These tremendous trucks have the potential to destroy other vehicles upon impact and cause devastating injuries to the drivers and passengers inside. For victims, securing compensation is a must and our big rig accident lawyers near me law firm from Joe Cunningham Law can lead that fight. Our founding attorney is dedicated to fighting for justice for injured victims in the Columbia and Charleston communities, and throughout South Carolina. 

During his time as a Congressman for South Carolina, Joe Cunningham developed a reputation for being a people-first legislator and brings that same approach to injury cases. If you or someone you love has been hurt in a big rig accident, you need an attorney prepared to stand up to the big truck companies and their insurance representatives, and who will always keep your best interests front and center.

Causes of Big Rig Accidents

There are many causes of big-rig accidents, and almost all are preventable. A big rig accident lawyer will implement a thorough post-accident investigation to find the cause of your accident and make the negligent party pay. Common reasons for accidents include:

• Speeding: A massive truck is dangerous even in a low-speed impact or when moving within the speed limit. Traveling at speeds too fast for conditions or above the legal limit compounds those dangers. Operators can more easily lose control of a fast-moving vehicle, and the violence of a potential impact increases along with the rate of speed.
• Fatigue: Truckers cover long distances over long hours, and driver fatigue can easily set in. According to the National Safety Council (NSC), drivers’ reaction times, awareness of hazards, and ability to stay attentive to the road all decrease as fatigue increases.
• Mechanical Defects: Big rigs are only as safe as the systems comprising them. If braking or steering systems malfunction, accidents can occur. The same applies to vehicle parts. Tire blowouts and broken brake lights or headlights can present serious dangers.
• Cargo Trouble: Big rigs carry heavy cargo. This cargo must be loaded with great care to prevent imbalance or during-ride shifts that could set the truck off course. Cargo must also be secured using proper restraints and not exceed weight regulations.
• Bad Road Conditions:  Potholes can cause tire blowouts or send trucks off balance. Uncleared debris can cause skidding, potentially leading to jack-knife or rollover accidents. Roads that are not properly maintained are not safe for travel, especially by big rigs.
• Road Features: Semi-trucks are hard to control, and those challenges increase on roads with curves, hills, and merges, such as Interstate 26, which connects Columbia, SC and Charleston, SC.

Our team has the tools and insight to carry out an exhaustive and essential post-accident investigation. No matter what strategies the truck corporation or its insurance company employs to divert our attention, we will not let any details go unnoticed when building your case.

Truck Accidents Cause Serious Injuries that Affect Thousands Each Year

According to statistics from the most updated  South Carolina Traffic Collision Fact Book, over the recent year, accidents with big rigs in the State led to 43 deaths, 61 serious injuries, and 631 other injuries.  

Dangerous Roads in South Carolina

The locations of commercial motor vehicle (CMV) accidents, including those involving big rigs, spanned all types of roads:

• 1,048 on Interstates: 27 fatal, 25 serious injury, 410 other injuries
• 821 on US Primary Roads: 35 fatal, 49 serious injury, 385 other injuries
• 615 on SC Primary Roads: 36 fatal,  35 serious injury, 29 other injuries
• 505 on Secondary Roads: 26 fatal, 23 serious injury,  235 other injuries
• 114 on County Roads: 3 fatal, 1 serious injury, 41 other injuries
• 56 on Ramps: 2 fatal, 1 serious injury,  29 other injuries

Interstate 26 is One of the Deadliest Roads 

Interstate 26 was the site of 4,971 total motor-vehicle collisions according to the Fact Book. Of that total

• 25 were fatal and caused 25 deaths 
• 25 involved serious injuries and left 31 victims hurt
• 821 were involved in other injuries, leaving 1183 victims hurt 
• 4,094 caused property damage.

No matter the type of road your accident occurred on, we are here to help. 

A Swift Legal Partnership Helps Us Hold At-Fault Parties Accountable 

To hold an at-fault party accountable for paying you damages, you must prove that their negligence is what caused your injuries and damages. Joe Cunningham Law will put the full power of our experience, legal knowledge, investigating skills, and resources into identifying the at-fault party and compiling evidence to prove your claim against them.

To prove negligence, you must show that the at-fault party:

• Owed you a duty of care: This duty is a legal obligation to avoid actions that put you in danger and take actions that uphold your safety, depending on your respective roles at the time of the accident.
• Breached their duty of care: The at-fault party failed to take action or committed an action that compromised your safety.
• Caused the accident through that breach: The failure in duty of care was the direct cause of the accident.
• Incurred measurable losses: You have suffered quantifiable damages because of the accident.

We will collect evidence from every possible source when building your case. Count on us to interview witnesses, demand and analyze data from the truck’s black box, enlist help from accident reconstructionists and other experts, access footage from nearby mounted cameras, if applicable, and assess the accident site and the vehicles involved.    

Finding the Culpable Party

Many hands are involved in the safe operation of a commercial truck. A lapse by any involved party can cause an accident. 

• Truck drivers must follow traffic laws, comply with hours of service and rest mandates, and avoid all dangerous driving behaviors
• Truck companies must not put pressure on drivers to speed, skip rest, or otherwise compromise safety to beat the competition, and must keep their fleets well-maintained
• Vehicle manufacturers must design and produce safe vehicles and parts 
• Inspectors and mechanics must recognize problems with vehicles and keep them off the roads until repairs are completed
• Cargo loaders must comply with load-weight requirements and use proper restraints to secure cargo
• Government agencies responsible for road oversight must ensure road conditions are safe for travel, traffic lights are operative, and streetlights are working
• Third-party drivers are responsible for upholding the rules of the road and fulfilling their duty of care as a person behind the wheel

Your big rig accident attorney will examine the details of your situation to find the culpable party. As a former congressperson, founding attorney Joe Cunningham also knows how to unpack and apply laws and regulations. Our team knows South Carolina truck laws and the Federal Motor Carrier Safety Administration (FMCSA) regulations governing all aspects of commercial truck operations. We will work to expose any regulatory violations that contributed to your accident. 

Complying With Legal Deadlines

To protect your right to fight for justice and compensation in court, South Carolina requires that you file your injury claim within its three-year statute of limitations, per the South Carolina Code of Laws. This deadline warrants an early connection with a big rig accident attorney. 

When we have fast access to your case, we can investigate to identify the negligent party and file before the legal window of opportunity closes. Further, when we have the chance to collect evidence in the days following the accident, that process is typically more productive. Physical evidence, camera footage, and black box data can get lost as time passes, and witnesses’ memories can fade. 

Dealing With Representatives

A swift partnership also allows us to take on all discussions with insurance companies and other representatives for the at-fault party. These representatives may reach out to you after the accident. Do not speak with them. They may try to tempt you to accept a lowball settlement, claiming the amount is generous and that you will feel better for accepting it and moving on from this difficult time in your life. Accept no offers without first speaking with your attorney. Most likely, your case deserves far more, and you will quickly regret accepting the insurance company’s amount.

These representatives may also try to get you to admit fault or inadvertently say something that could damage your claim. Big companies are not on your side. Their goal is to protect their own assets. Joe Cunningham Law is on your side. We fight for the “little guy,” even if that fight is against big rig companies. Let us speak on your behalf and protect you from saying anything that could cost you a fair settlement. 

We Fight for the Maximum Damages Available

Some truck accident victims experience serious injuries that heal over time and with rehabilitation. Still, while healing, they feel the pain of those injuries and lose time, working and earning an income. Often, they are left with the lingering effects of those injuries, such as chronic pain or other limitations, even after reaching maximum recovery.

Other victims sustain life-changing injuries. Traumatic brain injuries, spinal cord injuries, amputations, or severe burns, for example. The catastrophic damage caused by the accident can leave them unable to work or move through their days independently. They may face a lifetime with limited mobility or other permanent disabilities. 

We fight to get victims paid back for every loss the accident has imposed on them–physical, emotional, and financial–and will demand a settlement covering:

• Medical costs, including future care requirements
• Income loss, including future earnings and benefits, for those incapable of working again
• The value of the property damaged or wrecked in the accident
• Any other financial cost related to the accident
• Physical pain, disfigurement, or disability
• Emotional suffering
• Diminished quality of life

You can trust us to fight for the maximum amount possible. Those responsible for your losses should not get away with paying you less than you deserve.

South Carolina’s Negligence Statute

South Carolina’s laws can factor into the amount of your settlement. Statute 15-38-15 of the South Carolina Code only allows victims who are less than 50% responsible for the accident in question to seek damages for their losses. Those meeting this eligibility standard can have their compensation amount reduced by any smaller percentage of fault they hold. 

Joe Cunningham Law will fight to protect you from unfair assignments of fault that could lower your compensation or prevent you from pursuing justice. We will gather and present evidence to support your claim of negligence against the at-fault party and to challenge accusations against you. 

Securing Damages in a Big Rig Accident

Your big rig accident lawyer may resolve your case through a settlement or a trial award. A settlement is an agreement that the opposing sides reach through negotiations. Your attorney will send a demand letter to the at-fault party, detailing your requested compensation. The other side will likely respond with a lower offer, and your attorney and representatives for the at-fault party will continue presenting evidence, submitting arguments, and making offers back and forth until coming to an agreed-upon amount. 

You can depend on our team to negotiate strategically. We will not be taken in by intimidation tactics or other maneuvers the other side might use in an attempt to lower their payout. Sometimes, an at-fault party digs in, refusing to budge on a too-low offer or engage in productive discussions. In these cases, it might be best to take your case to the courtroom and fight for justice at trial. 

Your attorney will lay out your options and the possible outcomes of going to trial vs. settling, giving you trustworthy legal guidance as you make this important decision. You can rest assured that we can handle your fight wherever it takes place–around a negotiating table or before a judge. 

Get the Professional Representation With Our Big Rig Accident Lawyers Near Me Law Firm

The aftermath of a big rig accident can be lonely. Your injuries have you in pain and feeling isolated, cut off from your usual way of life, and constantly worrying about your future. Do not sit in that loneliness, and do not give up getting justice. Instead, reach out to Joe Cunningham Law. 

Our team is on your side from the moment we enter a partnership. We will listen to you, support you, and fight to get you fairly compensated for your losses. We are here to help you get through this difficult time so you can look toward a more hopeful future.